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The protection under a plant patent lasts for twenty years, beginning from the filing date of the application. A Plant Patent Application must disclose a new plant variety that:
The description of the plant variety should be as reasonably complete and detailed and expressed in botanical terms and form followed in standard botanical textbooks. It is mandatory that the specification include the origin or parentage of the plant sought to be patented and the geographic location and manner the plant has been asexually reproduced (cuttings, buddings, grafting, etc.). When color is a distinctive feature of the plant, the color should be positively identified in the specification by reference to a designated color atlas or dictionary. The Royal Horticulture Society Color Chart is preferred. When the plant originated as a newly found seedling, the specification must particularly point out the location and character of the area where the seedling was discovered to establish that it was not found in an uncultivated state. |
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